Order No. 14 of the Ministry of Emergency Management of the People's Republic of China

Order of the Ministry of Emergency Management of the People's Republic of China

No. 14

　　The "Regulations on Fines for Production Safety Accidents" were reviewed and approved at the 32nd meeting of the Ministry of Emergency Management on December 25, 2023, and are hereby promulgated, effective from March 1, 2024.

Minister Wang Xiangxi

January 10, 2024

Regulations on Fines for Production Safety Accidents

　　 Article 1 To prevent and reduce production safety accidents, strictly hold accountable the units where production safety accidents occur and their relevant responsible personnel, and correctly apply administrative penalties of fines for accidents, these regulations are formulated in accordance with the "Administrative Punishment Law of the People's Republic of China," "Production Safety Law of the People's Republic of China," "Regulations on Reporting and Investigation of Production Safety Accidents," and other provisions.

　　 Article 2 The emergency management departments and mine safety supervision agencies shall impose fines as administrative penalties on the units where production safety accidents occur (hereinafter referred to as accident units) and their main responsible persons, other responsible persons, safety production management personnel, directly responsible supervisors, and other directly responsible personnel in accordance with the "Production Safety Law of the People's Republic of China" and the "Regulations on Reporting and Investigation of Production Safety Accidents," applying these regulations.

　 　Article 3 The accident unit referred to in these regulations means the production and operation unit responsible for the occurrence of the accident.

　　The main responsible person referred to in these regulations means the chairman, general manager of a limited liability company or joint stock company, or the investor of a sole proprietorship, and the factory director, manager, mine director (including actual controller) of other production and operation units.

　 　Article 4 The previous year's income of the main responsible person, other responsible persons, safety production management personnel, directly responsible supervisors, and other directly responsible personnel of the accident unit referred to in these regulations, if belonging to a state-owned production and operation unit, refers to the total income of the previous year determined by the unit's superior competent department; if belonging to a non-state-owned production and operation unit, it refers to the total income of the previous year verified by the financial and tax departments.

　　If the production and operation unit provides false information or the previous year's income of relevant personnel is difficult to determine due to inability of financial or tax departments to verify, it shall be determined according to the following methods:

　　(1) The previous year's income of the main responsible person shall be calculated at 5 to 10 times the average wage of urban employees in the previous year in the province, autonomous region, or municipality directly under the Central Government;

　　(2) The previous year's income of other responsible persons, safety production management personnel, directly responsible supervisors, and other directly responsible personnel shall be calculated at 1 to 5 times the average wage of urban employees in the previous year in the province, autonomous region, or municipality directly under the Central Government.

　　 Article 5 The late report, omission, false report, and concealment referred to in the "Regulations on Reporting and Investigation of Production Safety Accidents" shall be identified according to the following circumstances:

　　(1) Reporting the accident beyond the prescribed time limit shall be considered a late report;

　　(2) Omitting to report accidents that should be reported due to negligence, or omitting to report the time, place, category, casualties, direct economic losses, and other contents of the accident shall be considered omission;

　　(3) Intentionally not truthfully reporting the time, place, preliminary cause, nature, casualties, number of people in danger, direct economic losses, and other relevant contents of the accident shall be considered a false report;

　　(4) Concealing an accident that has occurred and failing to report it to the emergency management department, mine safety supervision agency, and relevant departments beyond the prescribed time limit, which is verified to be true, shall be considered concealment.

　　 Article 6 The administrative penalties of fines imposed on the accident units and their relevant responsible personnel shall be decided according to the following provisions:

　　(1) The administrative penalties of fines for units and relevant responsible personnel involved in particularly major accidents shall be decided by the Ministry of Emergency Management;

　　(2) The administrative penalties of fines for units and relevant responsible personnel involved in major accidents shall be decided by the emergency management department of the provincial people's government;

　　(3) The administrative penalties of fines for units and relevant responsible personnel involved in relatively large accidents shall be decided by the emergency management department of the municipal people's government at the district level;

　　(4) The administrative penalties of fines for units and relevant responsible personnel involved in general accidents shall be decided by the emergency management department of the county-level people's government.

　　The higher-level emergency management department may designate the next-level emergency management department to impose administrative penalties on the accident units and their relevant responsible personnel.

　 　Article 7 The administrative penalties of fines imposed on coal mine accident units and their relevant responsible personnel shall be implemented according to the following provisions:

　　(1) The administrative penalties of fines for coal mines and relevant responsible personnel involved in particularly major accidents shall be decided by the National Mine Safety Supervision Bureau;

　　(2) The administrative penalties of fines for coal mines and relevant responsible personnel involved in major, relatively large, and general accidents shall be decided by the provincial bureau of the National Mine Safety Supervision Bureau.

　　The higher-level mine safety supervision agency may designate the next-level mine safety supervision agency to impose administrative penalties on the accident units and their relevant responsible personnel.

　　 Article 8 For accidents below the level of particularly major accidents, if the location of the accident and the location of the accident unit are not in the same county-level or above administrative region, the emergency management department or mine safety supervision agency at the accident location shall impose administrative penalties according to the authority stipulated in Article 6 or Article 7 of these regulations.

　　 Article 9 The emergency management departments and mine safety supervision agencies shall implement fines as administrative penalties on accident units and their relevant responsible personnel in accordance with the procedures stipulated in the "Administrative Punishment Law of the People's Republic of China" and the "Measures for Administrative Penalties for Production Safety Violations."

　　Article 10 Before making administrative penalties, the emergency management departments and mine safety supervision agencies shall inform the parties of their rights to make statements, defend themselves, and request hearings according to law; if the parties are dissatisfied with the administrative penalties, they have the right to apply for administrative reconsideration or initiate administrative litigation according to law.

　　 Article 11 If the main responsible person of the accident unit has any of the behaviors stipulated in Article 110 of the "Production Safety Law of the People's Republic of China" and Articles 35 and 36 of the "Regulations on Reporting and Investigation of Production Safety Accidents," fines shall be imposed according to the following provisions:

　　(1) If the principal person in charge of the accident occurrence unit does not immediately organize accident rescue after the accident, or leaves their post without authorization during the accident investigation and handling period, or conceals, falsely reports, or delays reporting the accident, or flees after the accident, a fine of 60% to 80% of the previous year's income shall be imposed; if the rescue is delayed or the accident is expanded or the investigation is affected or a major social impact is caused, a fine of 80% to 100% of the previous year's income shall be imposed;

　　(2) If the principal person in charge of the accident occurrence unit underreports the accident, a fine of 40% to 60% of the previous year's income shall be imposed; if the rescue is delayed or the accident is expanded or the investigation is affected or a major social impact is caused, a fine of 60% to 80% of the previous year's income shall be imposed;

　　(3) If the principal person in charge of the accident occurrence unit falsifies or deliberately damages the accident scene, or transfers, conceals funds or property, destroys relevant evidence or materials, refuses to accept investigation, refuses to provide relevant information and materials, commits perjury during the accident investigation, or instructs others to commit perjury, a fine of 60% to 80% of the previous year's income shall be imposed; if the rescue is delayed or the accident is expanded or the investigation is affected or a major social impact is caused, a fine of 80% to 100% of the previous year's income shall be imposed.

　 　Article 12 If the directly responsible supervisors and other directly responsible personnel of the accident occurrence unit have any of the behaviors stipulated in Article 36 of the Regulations on Reporting and Investigation of Production Safety Accidents, a fine of 60% to 80% of the previous year's income shall be imposed; if the rescue is delayed or the accident is expanded or the investigation is affected or a major social impact is caused, a fine of 80% to 100% of the previous year's income shall be imposed.

　　 Article 13 If the accident occurrence unit has any of the behaviors stipulated in items 1 to 5 of Article 36 of the Regulations on Reporting and Investigation of Production Safety Accidents, fines shall be imposed according to the following provisions:

　　(1) For general accidents, a fine of not less than 1 million yuan and not more than 1.5 million yuan shall be imposed;

　　(2) For relatively large accidents, a fine of not less than 1.5 million yuan and not more than 2 million yuan shall be imposed;

　　(3) For major accidents, a fine of not less than 2 million yuan and not more than 2.5 million yuan shall be imposed;

　　(4) For particularly major accidents, a fine of not less than 2.5 million yuan and not more than 3 million yuan shall be imposed.

　　If the accident occurrence unit has any of the behaviors stipulated in items 1 to 5 of Article 36 of the Regulations on Reporting and Investigation of Production Safety Accidents, and delays rescue or causes accident expansion or affects accident investigation or causes major social impact, fines shall be imposed according to the following provisions:

　　(1) For general accidents, a fine of not less than 3 million yuan and not more than 3.5 million yuan shall be imposed;

　　(2) For relatively large accidents, a fine of not less than 3.5 million yuan and not more than 4 million yuan shall be imposed;

　　(3) For major accidents, a fine of not less than 4 million yuan and not more than 4.5 million yuan shall be imposed;

　　(4) For particularly major accidents, a fine of not less than 4.5 million yuan and not more than 5 million yuan shall be imposed.

　　 Article 14 If the accident occurrence unit is responsible for a general accident, fines shall be imposed according to the following provisions:

　　(1) Causing serious injury to 3 or fewer persons (including acute industrial poisoning, the same below), or direct economic losses of not more than 3 million yuan, a fine of not less than 300,000 yuan and not more than 500,000 yuan shall be imposed;

　　(2) Causing 1 death, or serious injury to 3 to 6 persons, or direct economic losses between 3 million and 5 million yuan, a fine of not less than 500,000 yuan and not more than 700,000 yuan shall be imposed;

　　(3) Causing 2 deaths, or serious injury to 6 to 10 persons, or direct economic losses between 5 million and 10 million yuan, a fine of not less than 700,000 yuan and not more than 1 million yuan shall be imposed.

　 　Article 15 If the accident occurrence unit is responsible for a relatively large accident, fines shall be imposed according to the following provisions:

　　(1) Causing 3 to 5 deaths, or serious injury to 10 to 20 persons, or direct economic losses between 10 million and 20 million yuan, a fine of not less than 1 million yuan and not more than 1.2 million yuan shall be imposed;

　　(2) Causing 5 to 7 deaths, or serious injury to 20 to 30 persons, or direct economic losses between 20 million and 30 million yuan, a fine of not less than 1.2 million yuan and not more than 1.5 million yuan shall be imposed;

　　(3) Causing 7 to 10 deaths, or serious injury to 30 to 50 persons, or direct economic losses between 30 million and 50 million yuan, a fine of not less than 1.5 million yuan and not more than 2 million yuan shall be imposed.

　　Article 16 If the accident occurrence unit is responsible for a major accident, fines shall be imposed according to the following provisions:

　　(1) Causing 10 to 13 deaths, or serious injury to 50 to 60 persons, or direct economic losses between 50 million and 60 million yuan, a fine of not less than 2 million yuan and not more than 4 million yuan shall be imposed;

　　(2) Causing 13 to 15 deaths, or serious injury to 60 to 70 persons, or direct economic losses between 60 million and 70 million yuan, a fine of not less than 4 million yuan and not more than 6 million yuan shall be imposed;

　　(3) Causing 15 to 30 deaths, or serious injury to 70 to 100 persons, or direct economic losses between 70 million and 100 million yuan, a fine of not less than 6 million yuan and not more than 10 million yuan shall be imposed.

　 　Article 17 If the accident occurrence unit is responsible for a particularly major accident, fines shall be imposed according to the following provisions:

　　(1) Causing 30 to 40 deaths, or serious injury to 100 to 120 persons, or direct economic losses between 100 million and 150 million yuan, a fine of not less than 10 million yuan and not more than 12 million yuan shall be imposed;

　　(2) Causing 40 to 50 deaths, or serious injury to 120 to 150 persons, or direct economic losses between 150 million and 200 million yuan, a fine of not less than 12 million yuan and not more than 15 million yuan shall be imposed;

　　(3) Causing more than 50 deaths, or serious injury to more than 150 persons, or direct economic losses exceeding 200 million yuan, a fine of not less than 15 million yuan and not more than 20 million yuan shall be imposed.

　 　Article 18 If a production safety accident occurs and any of the following circumstances exist, it shall be considered as particularly serious and having an especially adverse impact as stipulated in the second paragraph of Article 114 of the Production Safety Law of the People's Republic of China, and a fine of not less than twice and not more than five times the legally prescribed amount may be imposed on the accident occurrence unit:

　　(1) Closing or destroying monitoring, alarm, protection, lifesaving equipment or facilities directly related to production safety, or tampering with, concealing, or destroying related data or information;

　　(2) Refusing to comply when ordered by law to suspend production or business, stop construction, stop using relevant equipment, facilities, or premises, or immediately take rectification measures to eliminate major accident hazards;

　　(3) Engaging in highly hazardous production activities such as mining, metal smelting, construction, and the production, operation, or storage of dangerous goods without legal approval or permission, or continuing production and business activities without obtaining the required licenses;

　　(4) Refusing or obstructing administrative law enforcement;

　　(5) Forcing others to work in violation of regulations and take risks, or knowingly failing to eliminate major accident hazards and still organizing risky operations;

　　(6) Other particularly serious circumstances with especially adverse effects.

　　 Article 19 If the principal person in charge of the accident unit fails to perform safety production management duties according to law, resulting in an accident, a fine shall be imposed in accordance with the following provisions:

　　(1) For a general accident, a fine of 40% of the previous year's annual income;

　　(2) For a relatively major accident, a fine of 60% of the previous year's annual income;

　　(3) For a major accident, a fine of 80% of the previous year's annual income;

　　(4) For an especially major accident, a fine of 100% of the previous year's annual income.

　　 Article 20 If other responsible persons and safety production management personnel of the accident unit fail to perform safety production management duties according to law, resulting in an accident, a fine shall be imposed in accordance with the following provisions:

　　(1) For a general accident, a fine of 20% to 30% of the previous year's annual income;

　　(2) For a relatively major accident, a fine of 30% to 40% of the previous year's annual income;

　　(3) For a major accident, a fine of 40% to 50% of the previous year's annual income;

　　(4) For an especially major accident, a fine of 50% of the previous year's annual income.

　　 Article 21 If an individual investor fails to ensure the necessary capital investment for safety production in accordance with the "Production Safety Law of the People's Republic of China," resulting in the production and business unit lacking safety production conditions and causing a production safety accident, a fine shall be imposed on the individual investor in accordance with the following provisions:

　　(1) For a general accident, a fine of not less than 20,000 yuan and not more than 50,000 yuan;

　　(2) For a relatively major accident, a fine of not less than 50,000 yuan and not more than 100,000 yuan;

　　(3) For a major accident, a fine of not less than 100,000 yuan and not more than 150,000 yuan;

　　(4) For an especially major accident, a fine of not less than 150,000 yuan and not more than 200,000 yuan.

　 　Article 22 If violations of the "Production Safety Law of the People's Republic of China," the "Regulations on Reporting and Investigating Production Safety Accidents," and these provisions involve two or more punishable acts such as responsibility for the accident and false reporting or concealment of the accident, the emergency management department or the mine safety supervision agency shall exercise discretion separately and make a combined penalty decision.

　　 Article 23 If it is found during the accident investigation that other units and their relevant personnel with illegal acts should be fined, the fines shall be imposed in accordance with relevant laws, regulations, and rules.

　 　Article 24  These provisions shall come into effect on March 1, 2024. The "Regulations on Fines for Production Safety Accidents (Trial)" promulgated by the former State Administration of Work Safety on July 12, 2007, first amended on September 1, 2011, and second amended on April 2, 2015, shall be repealed simultaneously.